Rapides Lumber Co. v. Hartiens
Citations
- 111 La. 793
- 35 So. 910
- 1904 La. LEXIS 561
Syllabus
<p>SUCCESSION—SALE OF REAL ESTATE-INJUNCTION.</p> <p>1. Plaintiff, in possession as owner, has no right to enjoin a probate sale of real estate on the grounds that the succession has no title to the property. Seymour v. Bourgeat, 12 La, 123; Morrison v. Larkin, 20 La. Ann. 700; Railroad v. City, 28 South. 311, 52 La. Ann. 1831.</p> <p>Monroe, J., dissenting.</p> <p>(Syllabus by the Court.)</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that the disposal of ordinary materials that just happen to contain hazardous chemicals “is not so inherently dangerous as to give rise to strict liability.”
- invoking the primary jurisdiction doctrine to dismiss plaintiff’s request for relief under CERCLA in favor of the state agency proceedings.
- applying the primary jurisdiction doctrine to abstain from hearing Comprehensive Environmental, Response, Compensation and Liability Act (CERCLA) case where, inter alia, agency process “has advanced to the point where the DEC has actually approved a specific remedy.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Land, Monroe
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.